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How to sell a property which has 3 legal heirs & one lives abroad


19-Jul-2023 (In Property Law)
Hi, The property is registered in the name of my father and post his death we had obtained a legal heir certificate that mentions my mother,myself and my brother. Me and my mother live in India while my brother lives abroad. All three of us would want to sell the property now and would want to know the procedure as to how to go about it without the physical presence of my brother. Also the sale proceeds are to be gifted to me by the other heirs. Is there any other legal procedure other than the tax implication on me?
Answers (2)

Answer #1
698 votes
Hi
I understand your problem . I will try my best solution for your problem.
First of all don't bother about your brother, because without your brother signature registration and sale property is possible.
Answer #2
722 votes
Sir,
In which country your brother is presently living?, is he is NRI or Citizen of that country?, in general practice your brother can constitute power to any person of your close relative, that power document should be endorsed by Notary or Attorney of that country and the same has to be registered in the SRO where the property is situated through SRO proceedings. The Power holder for the share of your brother can transfer his share to you.

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